in effect
Executive Order 14387, signed February 18, 2026, invokes the Defense Production Act of 1950 to treat elemental phosphorus and glyphosate-based herbicides as materials critical to national defense. It delegates to the Secretary of Agriculture the presidential authority under that law to prioritize and allocate supplies of those two materials.
The Secretary of Agriculture now holds legal authority to require that contracts for elemental phosphorus and glyphosate-based herbicides take priority over other contracts, and to direct how related materials, services, and facilities are allocated nationwide. The Secretary must consult with the Secretary of War when setting those priorities. Any rules or orders the Secretary issues under this authority must not threaten the financial viability of domestic producers of either substance. Domestic producers are legally required to comply with orders issued under this authority, subject to the rules at 7 CFR part 789. Companies that comply receive the legal immunity provided by section 707 of the Defense Production Act.
The single domestic producer of elemental phosphorus and glyphosate-based herbicides is directly subject to compliance requirements and, in exchange, receives legal protections for acting under government direction. Agricultural businesses and farmers who rely on glyphosate herbicides are the intended beneficiaries, as the order is designed to prevent supply shortages of a product the document describes as having no direct chemical substitute in U.S. farming.